Promotor v. Pollard

Dist. Ct. did not err in denying defendant’s habeas petition challenging his 66-year term of incarceration on his vehicular homicide conviction, even though defendant asserted that trial court had based said sentence on inaccurate information regarding amount of alcohol defendant had consumed prior to crash that resulted in four deaths. Defendant had procedurally defaulted his claim after failing to object to alcohol calculation in presentence report, and defendant further failed to demonstrate that trial court had relied on materially incorrect information when calculating defendant’s sentence. Ct. similarly found that defendant had procedurally defaulted his related ineffective assistance of counsel claim.